B-151085, APR. 17, 1969

B-151085: Apr 17, 1969

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WHICH DISALLOWED YOUR CLAIM FOR ALLEGED OVER-DEDUCTIONS FROM YOUR PAY IN 1960 TO COMPENSATE FOR EXCESS QUARTERS ALLOWANCE WHILE YOU WERE EMPLOYED BY THE UNITED STATES AIR FORCE IN ICELAND. THE CLAIM WAS DISALLOWED BECAUSE OF THE ABSENCE OF OFFICIAL RECORDS SHOWING THAT OVER-DEDUCTIONS ACTUALLY OCCURRED AS WELL AS THE AMOUNT THEREOF. ENCLOSED WITH YOUR LETTER OF FEBRUARY 18 WAS A LETTER OF AUGUST 12. APPARENTLY THIS AMOUNT WAS THEREAFTER WITHHELD FROM YOUR SALARY PRIOR TO YOUR SEPARATION FROM THE SERVICE ON OCTOBER 20. YOU CONCLUDE FROM THE TWO LETTERS THAT "IF WE ARE TO GO BY THE FIGURES CLAIMED BY THE AIR FORCE OF AN OVERPAYMENT OF THE AMOUNT OF $1. 107.52 FOR THIS PERIOD THEN WE COME UP WITH A FIGURE THAT AVERAGES ABOUT $10.00 A MONTH FOR A 4 ROOM APARTMENT WHICH IS UNHEARD OF IN ICELAND AND RIDICULOUS FIGURE CLAIMED BY THE AIR FORCE.'.

B-151085, APR. 17, 1969

TO MR. ARMAND DENIGRIS:

WE REFER TO YOUR LETTER OF FEBRUARY 18, 1969, WHEREIN YOU ASK FOR A REVIEW OF OUR CLAIMS SETTLEMENT OF FEBRUARY 10, 1969, WHICH DISALLOWED YOUR CLAIM FOR ALLEGED OVER-DEDUCTIONS FROM YOUR PAY IN 1960 TO COMPENSATE FOR EXCESS QUARTERS ALLOWANCE WHILE YOU WERE EMPLOYED BY THE UNITED STATES AIR FORCE IN ICELAND.

THE CLAIM WAS DISALLOWED BECAUSE OF THE ABSENCE OF OFFICIAL RECORDS SHOWING THAT OVER-DEDUCTIONS ACTUALLY OCCURRED AS WELL AS THE AMOUNT THEREOF.

ENCLOSED WITH YOUR LETTER OF FEBRUARY 18 WAS A LETTER OF AUGUST 12, 1960, TO YOU FROM MAJOR D. FORD, USAF, SETTING FORTH AN OVERPAYMENT IN THE AMOUNT OF $1,107.52 IN REGARD TO YOUR QUARTERS ALLOWANCE FOR THE PERIOD JUNE 1, 1959, TO JULY 31, 1960. APPARENTLY THIS AMOUNT WAS THEREAFTER WITHHELD FROM YOUR SALARY PRIOR TO YOUR SEPARATION FROM THE SERVICE ON OCTOBER 20, 1960. ADDITIONALLY, IN ORDER TO SHOW THE AVERAGE RENTAL IN THE ICELAND AREA, YOU ENCLOSED WITH YOUR FEBRUARY 18 LETTER ANOTHER LETTER FROM MAJOR FORD TO MR. T. W. LANE, PRESIDENT OF THE AFGE LODGE 2013 AT KEFLAVIK AIRPORT, PERTAINING TO THE QUARTERS ALLOWANCE APPLICATIONS FOR A MR. MARCUNAS FOR THE PERIOD FROM JUNE 1, 1959, TO JULY 1, 1960. YOU CONCLUDE FROM THE TWO LETTERS THAT "IF WE ARE TO GO BY THE FIGURES CLAIMED BY THE AIR FORCE OF AN OVERPAYMENT OF THE AMOUNT OF $1,107.52 FOR THIS PERIOD THEN WE COME UP WITH A FIGURE THAT AVERAGES ABOUT $10.00 A MONTH FOR A 4 ROOM APARTMENT WHICH IS UNHEARD OF IN ICELAND AND RIDICULOUS FIGURE CLAIMED BY THE AIR FORCE.'

IN ORDER TO REACH A PROPER CONCLUSION ON YOUR CLAIM, WE HAVE REVIEWED THE RECORD OF YOUR REMOVAL FROM THE SERVICE ARISING FROM THE SUBJECT MATTER OF YOUR CLAIM -- THE OVERPAYMENTS FOR RENTAL ALLOWANCE. NOWHERE IN THE RECORD, INCLUDING THE THREE APPEALS OF THE REMOVAL ACTION WITHIN THE CIVIL SERVICE COMMISSION NOR IN THE DECISION OF THE COURT OF CLAIMS OF FEBRUARY 19, 1965, ENTITLED ARMAND DENIGRIS V UNITED STATES, NO. 18-63, DO WE FIND EVIDENCE SHOWING SPECIFIC OVER DEDUCTIONS FROM YOUR PAY THAT WOULD JUSTIFY PAYMENT OF YOUR CLAIM.

WE NOTE THAT AT ONE TIME YOU ALLEGED THAT YOU HAD FURNISHED RECEIPTS TO PROVE ENTITLEMENT TO A LARGER QUARTERS ALLOWANCE. HOWEVER, YOU WERE INFORMED BY YOUR ADMINISTRATIVE OFFICE THAT IT HAD NO RECORD THEREOF AND APPARENTLY YOU NEVER FURNISHED ANY DUPLICATES. IN VIEW THEREOF, WE MUST ACCEPT THE DETERMINATION OF THE AGENCY AS BEING CORRECT. BY REASON OF YOUR LONG DELAY IN FILING CLAIM IN THE MATTER ANY DETAILED RECORDS PERTAINING THERETO ARE PROBABLY DESTROYED OR IMPOSSIBLE TO LOCATE.

UNDER THE CIRCUMSTANCES WE SUSTAIN THE ACTION OF FEBRUARY 10, 1969, DISALLOWING YOUR CLAIM.